Prosecutors have
certain responsibilities for ensuring defendants are fingerprinted under
the following conditions.

1. Sealed Indictment

Authority: Criminal
Procedure Law Sections 210.10(3) and 160.10.

a. If the prosecuting
agency serves as the only investigating agency for a sealed indictment:

 That
office should assume responsibility for assuring that fingerprinting
is carried out and submitted to DCJS.

 In this
instance, the prosecuting agency should be listed as the arresting
agency.

b. If a defendant
surrenders to the court on a sealed indictment:

 The prosecuting
agency should notify the investigating agency to execute the arrest
warrant and make arrangements for fingerprinting of the defendant.

 If the
investigating agency is unable to do the fingerprinting, the prosecuting
agency should assume responsibility for ensuring that the fingerprinting
process is completed.

 The prosecuting
agency should also notify the court of the need to fingerprint the
defendant.

c. If a defendant
is already incarcerated when a sealed indictment is filed:

 The prosecuting
agency should notify the investigating agency to execute the arrest
warrant and to fingerprint the defendant on the charges in the sealed
indictment.

 If the
investigating agency is unable to do the fingerprinting, the prosecuting
agency should assume responsibility for ensuring that the fingerprinting
process is completed.

 The prosecuting
agency should also notify the court of the need to fingerprint the
defendant.

2.

Prosecutor's
Information Filed Prior to Arrest

or

Indictment
Resulting from Direct Presentation to a Grand Jury

Authority: Criminal
Procedure Law Sections 210.10(3) and 160.10.

a. If a defendant
surrenders to the court without being arrested, based upon the filing
of a prosecutor's information or based upon an indictment resulting
from a direct presentation, the prosecuting agency should make arrangements
for fingerprinting of the defendant:

 If an
arrest warrant had been issued, the prosecuting agency should notify
the investigating agency to execute the warrant and fingerprint the
defendant.

 If no
arrest warrant had been issued, the prosecuting agency should assume
responsibility for assuring that the fingerprinting process is completed.

 The prosecuting
agency should also notify the court of the need to fingerprint the
defendant.

3. Indictments
Following Local Court Dismissal and Seal

Authority: Criminal
Procedure Law Sections 130.60, 150.70 and 160.10.

a. When charges
are dismissed and sealed in a local court, and the prosecutor subsequently
presents the same allegations, enhanced or not, to the Grand Jury, resulting
in filing of an indictment and arraignment in a superior court, the
following must occur:

 The prosecutor
must notify that superior court that fingerprinting is required.

 That
court must order the fingerprinting once so notified by the prosecutor,
or once the judge becomes aware that fingerprinting has not occurred.

 The court
must use the Criminal Justice Tracking Number (CJTN) associated with
the new arrest for reporting action on the Indictment.

 The court
may not use the Criminal Justice Tracking Number (CJTN) from any prior
arrest in reporting action on the Indictment.

 Upon
receipt of any court information reported with a Criminal Justice
Tracking Number (CJTN) that had been previously sealed, DCJS should
contact the court, prosecutor and arresting agency to ensure that
a new set of fingerprints are taken. The court should include the
new Criminal Justice Tracking Number (CJTN) on all subsequent reports.